Decided on October 05,1973

Tajbhai Alibhai Appellant


DIVAN, J. - (1.)IN this reference, the following question has been referred to us at the instance of the assessee :
'Whether, on the facts and in the circumstances of the case, the provisional assessment for the assessment year 1960 -61 is an assessment within the meaning of the second proviso to section 2(XX) of the Gift -tax Act, 1958 ?'

(2.)AT the time when the application was made by the assessee to the Appellate Tribunal to refer certain questions arising out of the Tribunal's order to the High Court for the opinion of the High Court, the assessee had demanded that three questions as prayed for by him should be referred to the High Court. Out of those three questions, the Tribunal referred only one question and, thereafter, the assessee has filed Gift -tax Application No. 1 of 1971, praying that the Tribunal should be asked to refer the remaining two questions also to the High Court for its opinion. In that gift -tax application, on November 2, 1971, this court directed that rule should be issued and it further directed that the rule should be heard along with the reference, and hence, we have heard both the matters together and we will dispose of both these matters by this common judgment.
The relevant assessment year under consideration is 1961 -62 for the purposes of gift -tax. The original assessee -donor died during the pendency of the proceedings and is represented by his legal heirs and representatives.

(3.)THE deceased -donor had made two gifts, the first on December 2, 1959, and the second on June 2, 1960. By these two gifts he has given two parts of a building know as Taj Building situated at Ahmedabad. The Gift -tax Officer assessed the two gifts by clubbing them together for the assessment year 1961 -62, by adopting Samvat year as the previous year for the purpose of gift -tax. The assessee preferred an appeal to the Appellate Assistant Commissioner who accepted the contention of the assessee and held that the previous year should be the financial year. The Appellate Assistant Commissioner adopted the financial year as the previous year under the Gift -tax Act and accordingly the appeal was allowed and the Gift -tax Officer was directed to accept the value of the gifts in respect of the second gift dated June 2, 1960, only for the purposes of assessment year 1961 -62. Thus, according to the order of the Appellate Assistant Commissioner, the clubbing of the two gifts together was directed to be undone. Against the order of the Appellate Assistant Commissioner, the matter was taken in appeal by the revenue before the Tribunal.

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